CHAP. VI. silence in such a result, especially where such

acquiescence involved, as an immediate consequence, a disastrous and sanguinary civil war, seems to me most preposterous."1

The conduct and the language of Walker and Stanton bear a remarkable significance when we remember that they had been citizens of slave States and zealous Democratic partisans, and that only hard practical experience and the testimony of their own eyes had forced them to join their predecessors in the political "graveyard." "The ghosts on the banks of the Styx," said Seward, "constitute a cloud scarcely more dense than the spirits of the departed Governors of Kansas, wandering in exile and sorrow for having certified the truth against falsehood in regard to the elections between Freedom and Slavery in Kansas."

1 Walker to Cass, Dec. 15, 1857. Senate Ex. Doc. No. 8, 1st Sess., 35th Cong. Vol. I., pp. 131, 130.

CHAPTER VII

THE REVOLT OF DOUGLAS

TH

HE language of President Buchanan's annual CHAP. VII. message, the summary dismissal of Acting Governor Stanton, and the resignation of Governor Walker abruptly transferred the whole Lecompton question from Kansas to Washington; and even before the people of the Territory had practically decided it by the respective popular votes of December 21, 1857, and January 4, 1858, it had become the dominant political issue in the Thirty-fifth Congress, which convened on December 7, 1857. The attitude of Senator Douglas on the new question claimed universal attention. The Dred Scott decision, affirming constitutional sanction and inviolability for slave property in Territories, had rudely damaged his theory. But we have seen how in his Springfield speech he ingeniously sought to repair and rehabilitate "popular sovereignty" by the sophism that a master's abstract constitutional right to slave property in a Territory was a "barren and a worthless right unless sustained, protected, and enforced by appropriate police regulations," which could only be supplied by the local Territorial Legislatures; and that the people of Kansas thus still possessed the power of indirect prohibition.

CHAP. VII.

1857.

1857.

Douglas, Milwaukee Speech,

To invent and utter this sophism for home consumption among his distant constituents on the 12th of June (a few days before the Lecompton delegates were elected), and in so unobtrusive a manner as scarcely to attract a ripple of public notice, was a light task compared with that which confronted him as Senator, at the meeting of Congress in December, in the light of John Calhoun's doings and powers, of the scandal of the Oxford fraud, and of the indignation of Northern Democrats against the betrayal of Walker and Stanton.

One of his first experiences was a personal quarrel with Buchanan. When he reached Washington, three days before the session, he went to the President to protest against his adopting the Lecompton Constitution and sending it to Congress for acceptance. Buchanan insisted that he must recommend it in his annual message. Douglas replied that he would denounce it as soon as it was read. The President, excited, told him "to remember that no Democrat ever yet differed from an administration of his own choice without being crushed. Beware of the fate of Tallmadge and Rives."

"Mr. President," retorted Douglas, "I wish you October 13, to remember that General Jackson is dead."

1860.

In the election of Mr. Buchanan as President the South had secured a most important ally for the work of pro-slavery reaction. Trained in the belief that the South had hitherto been wronged, he was ready on every occasion to appear as her champion for redress; and Southern politicians were now eager to use his leadership to make their views of

public policy and constitutional duty acceptable to CHAP. VII. the North. Respectable in capacity but feeble in will, he easily submitted to control and guidance from a few Southern leaders of superior intellectual force. In his inaugural, he sought to prepare public opinion for obedience to the Dred Scott decision, and since its publication he had undertaken to interpret its scope and effect. Replying to a memorial from certain citizens of New England, he declared in a public letter, "Slavery existed at that period, and still exists in Kansas, under the Constitution of the United States. This point has at last been finally decided by the highest tribunal known to our laws. How it could ever have been seriously doubted is a mystery." In the same letter he affirmed the legality of the Lecompton Convention, though he yet clearly expressed his expectation that the constitution to be framed by it would be submitted to the popular vote for "approbation or rejection."

1

But when that convention adjourned, and made known its cunningly devised work, the whole South instantly became clamorous to secure the sectional advantages which lay in its technical regularity, its strong affirmance of the "property" theory, and the extraordinary power it gave to John Calhoun to control the election and decide the returns. This powerful reactionary movement was not lost upon Mr. Buchanan. He reflected it as unerringly as the vane moves to the change of the wind. Long before the meeting of Congress, the Administration organ, the "Washington Union," 1 Buchanan to Silliman and others, Aug. 15, 1857. Senate Ex. Doc. No. 8, 1st Sess. 35th Cong. Vol. I., p. 74.

1857.

CHAP. VII. heralded and strongly supported the new departure. When, on the 8th of December, the President's annual message was transmitted and read, the Lecompton Constitution, as framed and submitted, was therein warmly indorsed and its acceptance indicated as the future Administration policy. The language of this message discloses with what subtle ingenuity words, phrases, definitions, ideas, and theories were being invented and plied to broaden and secure every conquest of the proslavery reaction. An elaborate argument was made to defend the enormities of the Lecompton Constitution. The doctrine of the Silliman letter, that "slavery exists in Kansas under the Constitution of the United States," was assumed as a conceded theory. "In emerging from the condition of territorial dependence into that of a sovereign State," the people might vote "whether this important domestic institution should or should not continue to exist." "Domestic institutions" was defined to mean slavery. "Free to form and regulate their domestic institutions" - the phrase employed in the Kansas-Nebraska act — was construed to mean a vote to continue or discontinue slavery. And "if any portion of the inhabitants shall refuse to vote, a fair opportunity to do so having been presented, . . they alone will be responsible for the consequences." "Should the constitution without slavery be adopted by the votes of the majority, the rights of property in slaves now in the Territory are reserved. . . These slaves were brought into the Territory under the Constitution of the United States and are now the property of their masters. This point has at length